Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1887-09-15
TIMBER DEPREDATIONs.

iEi5 Is question OF Vltal l'nportaHct
to lhc government as well as to individ
ual citizens and community. The
western territories, in most cases in the
northern attitudes, are generally well
supplied with timber, but it is not so well
distributed over the agricultural lands us
to some seems desirable or even conven
lent. The north. western territories are
no, agricultural. They may be partly
agricultural, but partly mineral, and
these lands are often 60 distributed as to
make it very difficult to distinguish
them without great expense in develop
nncnt, and yet aEreat amount Of timber
is absolutely required to properly make
this development. 1t requires great
tact and discernment as well as exper
ieucc to determine lands which are min
,ral in character to such an extent that
The land laws can fully embrace them as
coming within the purview Of the min
rral land laws as mineral timber lands.
One acre of land may DO rich in mineral,
another adjoining may have little or no
mineral, while the third may again be
rich; no one Of which can be fully
determined without development, and
that kind of development which requires
the use OF the timber that is on or near
it. The law lays down no specific rule
by which an inspector can be governed
in choosing between mineral and non
mineral lands, and he is Just as liable tn
err in making his choice as any one and
more SO than an experienced and prac
tical miner. We have had case before
the court lately, which has demonstrated
this fact. 1t was brought before tw"
U. s., commissioners. One Of them
discharged the men who we're accused OF
violating the law, on tho ground that it
was not shown that the land in question
was non-mineral land. They were
brought up again for the same off, nee
before another commissioner, who, after
hearing the case, held them under bail to
appear before the U. S., district court
to anewer the charge Of violating the
timber law. The defendants then had
the case brought before the district Judge
aud two full days we're devoted to hear.
ing the case, and the judge took the
matter under Amusement, and after few
hours examination Of the law in connec-
ton with the TACT, the judge discharged
the defendants, claiming that they had
violated no law, and should not be he'd
for further trial at term of the
U. s., district. We did not hear the
argument, and hence cannot speak OF its
merits as argument. But the decision is
in full accord with the great majority Of
public sentiment relating to similar cases
that are arising from time to time ~
relation to the use Of timber on what are
supposed to be mineral lands. If the
general government wishes to forbid tn,
use Of timber on mineral lauds, miuiny
men must either stop mining OF tn,
miner can get his timber by purchase Of
the government, or Of some one else.
It would seem that instructions to timber
agents, should be more specific and
guarded, and more III accordance with
the spiri. Of the law, pertaining to mines
and mining privilege Of citizens. When
our government declares that We shall
not mine the public domain without pay
ing royalty to the government f the
privilege, or be liable 10 arrest a.d i'm
prisonment We had better turn our
attention to other means of a livelihood
or else find some other government, more
cougenial to our tastes and habits OF lie
and occupation.